SB 1586

SCS/SB 1586 - The act modifies certain provisions relating to solid waste management. Under the act, no person may transfer title to any property containing a solid waste disposal site or demolition landfill without disclosing the sale, conveyance, or transfer to the Department of Natural Resources. The seller shall inform the buyer with a written notice signed and dated by the seller about the existence and location of the disposal or landfill site. If the seller fails to send the written notice to the buyer, the buyer may cancel the sale and the seller shall return to the buyer any earnest money paid by the buyer to the seller. The act provides that any person or entity that applies for a grant shall not be disqualified from receiving such grant on the basis that there is a familial relationship between the applicant and any member of the Department, instead of the solid management district executive board as currently provided. After October 1, 2027, an annual adjustment of fees collected for solid waste accepted shall be based on the percentage increase measured by the Consumer Price Index for All Urban Consumers for the preceding year. The Department shall have the authority to assess, investigate, test, remediate, and manage abandoned solid waste disposal areas. The Department shall allocate a percentage of revenue dedicated to grants previously managed by solid waste management districts. This percentage shall serve as a minimum percentage of revenue to fund such grants and shall be calculated as follows: the total grant amount previously administered by solid waste management districts for the previous three fiscal years divided by the total amount of solid waste tonnage fees from the previous three fiscal years. Such percentage of revenue shall be divided as follows: 40% shall be allocated based on the population within the geographical area of each regional office of the Department in the latest decennial census, and 60% shall be allocated based on the amount of revenue generated within each geographical area of each regional office of the Department. Revenue generated within each geographical area of each regional office of the Department shall be determined from the previous year's data. Moneys shall be awarded based upon grant applications. The act repeals certain provisions relating to the distribution of the revenues. Grants for proposals that will promote and maximize the sharing of district resources shall no longer be part of the criteria to establish the order of grant authority. Any allocated moneys remaining in any fiscal year due to insufficient or inadequate grant applications shall be reallocated for grant applications in subsequent years or for Department operations, instead of solid waste management projects as provided in current law. All remaining revenues not included in the calculation relating to the maintenance of essential grants, instead of 39% of the revenues as currently provided, shall be dedicated, upon appropriation, to the elimination of illegal solid waste disposal. The act repeals certain provisions relating to any allocated district moneys remaining after five years. The act repeals a provision relating to sample audits of grants. The act repeals a provision relating to the criteria for allocation of grant moneys. The act provides that the Department shall promulgate criteria for evaluating grants by rule and regulation. The act further repeals certain provisions relating to funds awarded to solid waste management districts and grants approved by the solid waste management districts. The act provides that the state solid waste management districts shall be dissolved effective August 28, 2026. By December 31, 2026, each solid waste management district shall: submit a final financial audit, remit any leftover moneys to the Solid Waste Management Fund, provide a list of open grants, and provide a complete itemized list of all grants awarded for the previous three fiscal years. Effective August 28, 2026, the Department shall take over the oversight of open district grants. The act repeals certain provisions relating to solid waste management regions, a Solid Waste Management Council, executive boards of solid waste management districts, and the Solid Waste Advisory Board. JULIA SHEVELEVA